Victorian Current Acts

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OWNERS CORPORATIONS ACT 2006 - SECT 159A

Complaints—short-stay accommodation arrangements

    (1)     An owner of a lot, an occupier of a lot or a manager may make a complaint to the owners corporation about an alleged breach by a short‑stay occupant of the conduct proscriptions applying to short‑stay accommodation arrangements.

    (2)     For the purposes of subsection (1), a short-stay occupant breaches a conduct proscription applying to a short-stay accommodation arrangement by engaging in any of the following conduct—

        (a)     unreasonably creating any noise likely to substantially interfere with the peaceful enjoyment of an occupier or a guest of an occupier of another lot (other than the making of noise where the owners corporation has given written permission
for that noise to be made);

        (b)     behaving in a manner likely to unreasonably and substantially interfere with the peaceful enjoyment of an occupier or a guest of an occupier of another lot;

        (c)     using a lot or the common property, or permitting a lot or the common property to be used, so as to cause a substantial hazard to the health, safety and security of any person or an occupier;

        (d)     unreasonably and substantially obstructing the lawful use and enjoyment of the common property by an occupier or a guest of an occupier;

        (e)     substantially damaging or altering—

              (i)     a lot or the common property, intentionally or negligently; or

              (ii)     a structure that forms part of a lot or the common property, intentionally or negligently.

    (3)     A complaint must be made in writing in the approved form.

    (4)     An owners corporation must make a copy of the approved form available at the request of a person who wishes to make a complaint under this section.

    (5)     A complaint cannot be made under this section in relation to a personal injury.

S. 159B inserted by No. 34/2018 s. 5.



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